LGBT Rights: Brunei

Hannah Bardell Excerpts

Wednesday 10th April 2019 Westminster Hall

[Hannah Bardell (Livingston) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Bristol West (Thangam Debbonaire) on securing this debate and on her excellent speech.

It is a sad fact—and not one that is in the infamous guide to coming out—that when someone comes out, they look at the world map in a very different way. That is largely to find out whether the country that they are visiting on business or on holiday is going to arrest, torture or murder them just because of who they love or who they are. As we have heard, Brunei’s strict legal code mandates for death for adultery and sex between men, lashes for lesbian sex and amputation for crimes such as theft. It discriminates not just against LGBT people, but against women particularly

That has sparked a tide of condemnation. We in the SNP have unequivocally condemned Brunei’s actions. My hon. Friend the Member for Airdrie and Shotts (Neil Gray) spoke about the grassroots response, his constituent Sarah Quinn—a member of the Scottish Youth Parliament—and the number of signatures that her petition has gathered. At the weekend, we saw people outside some of the hotels owned by the Sultan.

To my mind that is not enough, because until this shameful announcement, 70 countries criminalised same-sex activity between consenting adults. That accounts for almost 3 billion people, or 40% of the world’s population, living in countries that have anti-LGBT laws. Although, unfortunately, the shambles of Brexit is diminishing the UK’s soft power, it still has significant power and I know that the Minister has made strong statements of condemnation. However, he and the Government have also recently visited Brunei.

In August 2018 the hon. Member for Sutton and Cheam (Paul Scully) visited as trade envoy to Brunei, Thailand and Burma. He talked about what a successful visit it was, and about the great insight that it gave him into the significant opportunities that already exist within Brunei’s economy. I hope that the Minister can give us some comfort and a sense that he will use his power to make sure a strong message is sent. Whatever happens with Brexit the UK will be flailing around potentially looking for trade deals, and they cannot come at the cost of our values.

[Richard Graham]

It is interesting that since the CHOGM of last year two countries in the Commonwealth have changed their legal position on decriminalising homosexuality, including India, which means that in that great country of more than 1 billion people it is now perfectly legal. Does the hon. Lady agree that some progress is being made?

[Hannah Bardell]

I absolutely do agree with the hon. Gentleman. It is hugely important. We must be in no doubt that we have the opportunity to bring about change and exert influence. The hon. Member for Bristol West spoke of specific things that we could do: freezing assets, recovering honours, recalling ambassadors and suspending Brunei from the Commonwealth. I endorse that. When I heard the news I felt sick to my stomach, and I am sure that we all did. I visited Malawi recently, where the Government turn a blind eye to homosexuality, but where if someone is trans they literally do not exist. There must be changes in those countries and we must do everything we can.

[Joanna Cherry (Edinburgh South West) (SNP)]

My hon. Friend mentions the Commonwealth and the possible remedy of suspension. Of course no country has ever been expelled but countries have been suspended for violation of democracy and the rule of law. Does she agree that what has happened in Brunei is every bit as serious as that and that we must keep suspension or expulsion from the Commonwealth up our sleeve as the ultimate sanction?

[Hannah Bardell]

I absolutely agree. In the brief time I have left I want to refer to countries such as Qatar, which, in my view, have illegally been awarded major sporting championships. Qatar will host the World cup. Scotland will not be in the men’s World cup. England will. What kind of message would it send if England decided to take a stand and say “We are not going to that country and that competition”? It is a difficult decision to take and there is a balance of judgment, but until we stop allowing countries such as Qatar, Brunei and Russia to hold major sporting competitions they will continue to abuse their people and their human rights, and it is time we took a stronger stand.

--- Later in debate ---

[Mark Field]

Yes, it is, obviously, in counter-terrorism and other areas. The most disappointing thing for me and, I know, for my hon. Friend the Member for Gloucester, who is also a regular in Brunei, is the contrast between what we see on the ground—a peaceful, peace-loving people and a state that runs in a very patrician way, as we might imagine given that only 350,000 people live there—and the idea of hudud punishments and the enactment of a sharia penal code. Those things seem entirely at odds with each other, but we are working with Brunei on the grounds the hon. Gentleman points out.

The garrison is the UK’s only permanent military presence in the Asia-Pacific. I should point out that a vast amount of the expense of the garrison is met by the Sultan of Brunei, who has always been eternally grateful for our intervention in Borneo in 1962. The garrison provides unique influence and insight—not just for us but for Brunei—in a region of growing strategic importance, and enables vital training for UK forces, supporting our deployments and allies. We have ensured that the necessary protections are in place for personnel based in Brunei, but we would look for that to apply more generally.

A number of hon. Members and others outside this place have asked whether the Commonwealth should take action and whether there should be economic or trade boycotts. The FCO’s approach to both is the same: we believe that our concerns are best addressed not through blacklisting or boycotts but through persistent dialogue, as the hon. Member for Leeds North East (Fabian Hamilton) will recognise, and through diplomacy.

Brunei is one of several Commonwealth member states that criminalise homosexual relationships and retain corporal or capital punishments. We will continue relentlessly to try to encourage each of those countries to amend and suspend those forms of punishment. There has been progress, but I accept that many would like to see much quicker progress. In many ways, what is disappointing about this issue in Brunei is that the implementation of such a code is a backward rather than a forward step.

My noble Friend the Minister for the Commonwealth has spoken in detail about this issue to the secretary-general of the Commonwealth, who I understand is presently in contact with the Government of Brunei, expressing the deep concerns raised by the international community over the past 10 days. We stand ready to support any Commonwealth member wanting to reform legislation that discriminates against the LGBT community, women and other parts of society. Significant work is ongoing in a number of states where we hope that there will be progress.

The hon. Member for Bristol West asked me to do my homework from six days ago in relation to article 3 of UNCAT. Under UK law, extradition cannot take place where the death penalty is a possibility, unless a satisfactory assurance has been received that the death penalty will not be imposed or carried out.

[Hannah Bardell]

rose—

[Mark Field]

No, I really am running out of time.

The UK Government remain committed to delivering an asylum system that is sensitive and responsive to all forms of persecution, including those based on sexual orientation and gender identity, and that supports claimants in providing all information relevant to their claim in order to facilitate fair and sustainable asylum decisions. We ensure that claimants are given every opportunity to disclose information relevant to their claim before a decision is taken, including where that information may be sensitive or difficult to disclose. Those who need international protection should always, of course, claim asylum in the first safe country that they reach.

The introduction of extreme hudud punishments in Brunei has understandably caused genuine concern, alarm and consternation in this country and elsewhere. It has also caused concern and uncertainty in Brunei, particularly among residents who are from the UK or are other non-Bruneian nationals. We are a friend of Brunei—I am proud to say that even at this time. Many Members will understand that it is easy to criticise Ministers for talking in such terms, but we have to work closely with our friends. We have expressed, and should continue to express, deep concerns candidly and openly.

We remain deeply troubled by the potential impact of the sharia penal code. Therefore, the Government, our high commissioner and I will continue to guide, as my hon. Friend the Member for Gloucester said, the Government of Brunei to take all necessary steps to reassure its own people, the United Kingdom and the wider international community that it is fully committed to allowing all citizens and residents to live with dignity and free from discrimination or persecution.

The Foreign Secretary and I will reiterate that point when we meet the Bruneian Foreign and Finance Ministers, who are in London tomorrow. We will emphasise that this issue will not just blow over, and we will stress our ongoing concerns and the need for Brunei to provide public assurances. I shall also pass on the very heartfelt views that we have expressed in the House today.

I thank you, Mr Hollobone, for your indulgence in allowing me these additional few seconds.